Increased use of the cloud and its international scope raise significant challenges to traditional legal authorities that permit access to data stored outside the United States. The resulting stakes are high. This area of law affects a wide range of important matters concerning law enforcement, national security, and civil litigation.
Up until now, however, policymakers in this area have failed to fully appreciate the technological distinctions...
Federal campaign finance law prohibits foreign nationals from making contributions or expenditures of “money or other thing of value” in connection with American elections and prohibits anyone from soliciting such a contribution or expenditure. The revelation that officials from Donald Trump’s 2016 presidential campaign met with Russian nationals after being told they would receive “information that would incriminate” Hillary Clinton,...
In the 2017 case Pena-Rodriguez v. Colorado, the Supreme Court held that the jury no-impeachment rule must yield to a criminal defendant’s Sixth Amendment right to an impartial jury when a court is faced with clear evidence that racial animus played a significant role in the jury’s decision to convict. Despite the Supreme Court notably cabining its decision to instances of racial bias alone, commentators have questioned whether...